Dear PAO,
I am writing to seek urgent legal advice about my employment situation. I was hired as a content moderator. My project ended on Dec. 31. Since then, I have been on unpaid floating status. Now, our HR is forcing me to work on a new project. The new role is live chat/customer service. This is very different from my original back-end moderation job. This redeployment causes me severe hardship: the mandatory training is onsite in Metro Manila. I live in the province, over 100 kilometers away. With no current pay, I cannot afford lodging or the 4-5 hours daily commute. I also heard that the new project has impossible standards, frequent management changes, and high turnover.
I feel that I was set up to fail. I attended their interview in good faith. I explained that the role is a bad match. HR’s reply was, “This is our internal policy. You have to report or we will process separation due to refusal.” Please advise me on the best steps. I can provide more details and documents.
Carmela Klatsch
Dear Ms. Klatsch,
Management enjoys the discretion to assign and transfer employees to other work stations. The transfer is valid inasmuch as it does not involve a demotion in rank or diminution in pay or benefits, and was carried out in good faith and justified by business exigencies. (See Lim v. Deguidoy G.R. No. 228088, December 4, 2019, Associate Justice Andres B. Reyes, Jr.)
However, that being said, when a transfer is “...motivated by discrimination, made in bad faith, or effected as a form of punishment or demotion without sufficient cause,” (See ICT Marketing v. Sales, G.R. No. 202090, September 9, 2015, Associate Justice Mariano C. Del Castillo) an employee may file a case against the employer for constructive dismissal. Regarding constructive dismissals, the Supreme Court explained that:
“...When the transfer is unreasonable, unlikely, inconvenient, impossible, or prejudicial to the employee, it already amounts to constructive dismissal. In constructive dismissal, the employer has the burden of proving that the transfer and demotion of an employee are for just and valid grounds, such as genuine business necessity. Should the employer fail to overcome this burden of proof, the employee’s transfer shall be tantamount to unlawful constructive dismissal.” (See ICT Marketing v. Sales, ibid.)
In your situation — being forced to accept a role with a different skillset and which entailed you to commute for more than 100 kilometers under the threat of separation — may be considered as unreasonable and prejudicial. Bearing this in mind, as well as what you described as difficult environment in the new project, you may pursue a case against your employer for constructive dismissal.
The company’s internal policy does not override these principles. After all, “the employer has the burden of proving that the transfer and demotion of an employee are for just and valid grounds, such as genuine business necessity. Should the employer fail to overcome this burden of proof, the employee’s transfer shall be tantamount to unlawful constructive dismissal.” (See ICT Marketing v. Sales, ibid.)
Your recommended course of action is to formally contest this redeployment in writing, citing the specific hardships. Begin gathering all evidence now: your employment contract, regularization documents, written communication with HR about the transfer and your objections, and any proof of the project's poor conditions. Should the company push through with your redeployment to the new project, or make the working environment harsh, hostile and unfavorable such that you are forced to resign, then you may file a complaint against your employer.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
